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Working hours of waiters in catering industry

The working hours of catering waiters should be exactly eight hours before they are legal. According to the Labor Law of the People's Republic of China, Article 36 The state practices a working-hour system in which workers work no more than eight hours a day and no more than 44 hours a week on average. Article 37 The employing unit shall reasonably determine the labor quota and piecework remuneration standard for laborers who work by piece according to the working hours system stipulated in Article 36 of this Law. Article 38 The employing unit shall ensure that workers have at least one day off every week. Article 39 Where an enterprise is unable to implement the provisions of Articles 36 and 38 of this Law due to its production characteristics, it may, with the approval of the labor administrative department, adopt other measures for work and rest. Article 41 The employing unit shall, during the following festivals, arrange employees' holidays according to law.

Extended information: Labor Law of the People's Republic of China: Chapter X Labor Disputes Article 77 In case of a labor dispute between an employer and an employee, the parties concerned may apply for mediation, arbitration or bring a lawsuit according to law, or settle it through consultation. The principle of mediation applies to arbitration and litigation procedures. Article 78 The settlement of labor disputes shall be based on the principles of legality, fairness and timely handling, and the legitimate rights and interests of the parties to labor disputes shall be safeguarded according to law. Article 79 After a labor dispute occurs, the parties may apply to the labor dispute mediation committee of their own unit for mediation. If mediation fails and one party requests arbitration, it may apply to the Labor Dispute Arbitration Committee for arbitration. One party may also directly apply to the Labor Dispute Arbitration Commission for arbitration. Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court. Article 81 A labor dispute mediation committee may be established within the employing unit. The labor dispute mediation committee consists of representatives of workers, employers and trade unions. The director of the labor dispute mediation committee shall be a trade union representative. If an agreement is reached through mediation in a labor dispute, the parties concerned shall perform it. Article 81 A labor dispute arbitration committee consists of representatives from the labor administrative department, trade unions at the same level and employers. The chairman of the labor dispute arbitration committee shall be a representative of the labor administrative department. Article 82 The party requesting arbitration shall submit a written application to the labor dispute arbitration committee within 61 days from the date of occurrence of the labor dispute. The arbitration award shall generally be made within 61 days after receiving the application for arbitration. If there is no objection to the arbitration award, the parties must perform it. Article 83 If a party to a labor dispute refuses to accept the arbitration award, it may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award. If one party neither brings a suit nor performs the arbitration award within the statutory time limit, the other party may apply to the people's court for compulsory execution. Article 84 In the event of a dispute arising from the signing of a collective contract, if the parties fail to resolve it through consultation, the labor administrative department of the local people's government may organize the relevant parties to coordinate and handle it. Disputes arising from the performance of the collective contract, if the parties fail to resolve through consultation, may apply to the labor dispute arbitration committee for arbitration; Anyone who refuses to accept the arbitration award may bring a lawsuit to the people's court within 15 days from the date of receiving the arbitration award.